Hon'ble Justice Vivek Kumar Singh granted bail to applicant Paras Dhama in a criminal case involving Sections 406, 420, 467, 468, 471, 34 IPC, reaffirming the mandatory nature of bail orders under the Apex Court's ruling in Dataram Singh.
Released on bail under Sections 406, 420, 467, 468, 471, 34 IPC by furnishing a personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23219 of 2021
Applicant :- Paras Dhama Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to misconception. It is next submitted that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. Learned counsel also submitted that from the possession of applicant two mobile phones were recovered. The alleged recovery is false and fabricated and there is no independent reliable eye witness of the alleged incident. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 22.4.2021, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.
Considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the
dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Paras Dhama , be released on bail in Case Crime No. 261 of 2021, under Sections - 406, 420, 467, 468, 471, 34 IPC, Police Station- Kotwali, DistrictGhaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.7.2021 Ankita
Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.20 15:49:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
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Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 2 SCC 22 · Who else cites this
Paras Dhama
Vivek Kumar Singh
As recorded by the court registry
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